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1993 Supreme(All) 139

M.L.BHAT, N.B.ASTHANA
P. C. Agarwal – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
A.K. Sharma, Arun Tandon, S.C. Budhwar, S.G. Hasnain

Judgment

M.L. Bhat, J.

1. The petitioners pray for writ of certiorari and mandamus. Rule 7(1) of the U.P. Regularisation of Adhoc Appointment (on posts within the purview of the Public Service Commission) Rules, 1979 be declared ultra vires and violative of Articles 14 and 16 of the Constitution. A mandamus is prayed to command the respondents to fix the seniority of the petitioners with reference to the date of their initial appointment in the Provincial Medical Service and it is prayed that the respondents be directed to place the petitioners as senior to all the doctors appointed subsequent to their date of appointment in the Provincial Medical Service etc. etc.

2. The learned counsel for the petitioners at the outset has submitted that he does net want to press the relief for certiorari challenging the vires of Rule 7(1) of the U.P. Regularisation on Adhoc Appointment Rules, 1979 but wants to confine his arguments for seeking a prayer of mandamus with regard to fixation of seniority only the relevant facts for the decision of this writ petition, as set out in the pleadings of the parties, are briefly stated, the petitioner No. 1 was appointed as Medical Officer in the Provincial M
















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